Friday, May 2, 2014

Sticking to your story on appeal; and appealability issues

Is public admonition appropriate where "appellate counsel for the minor took a position completely opposite to that taken by minor’s trial counsel, did not receive authorization from minor’s guardian ad litem to change minor’s position, and did not explain why she had changed minor’s position until we ordered her to do so"? Not in In re Klein, but the court wrote anyway "to provide guidance to FDAP and to those who represent minors in appellate proceedings to clarify the court’s expectations of them in such matters."
[5/5/14 update: See today's DJ for Lawyer Narrowly Escapes Admonishment in Juvenile Court Matter: Lawyer for girl argued against the opinion of her court-appointed guardian.
8/22/14 update: The Supreme Court depublished this case.]

Also, some appealability cases of note this week:  Embroidery Indus. v. ROC Fashion and City of Pleasanton v. Spitzer.

v. Eliot Spitzer.jpg?